2018 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 43 - Fees for Services
43.02 - Rates or Methods of Payment for Services at Facilities Subject to Licensure or Certification by the Office of Mental Health, the Office for People With Developmental Disablities or the Office of Alcoholism

§  43.02 Rates  or methods of payment for services at facilities subject
         to licensure or certification by the office of mental health,
         the office for people with developmental disabilities or  the
         office of alcoholism and substance abuse services.
(a) Notwithstanding any inconsistent provision of law, payment made by
  government  agencies  pursuant  to  title  eleven of article five of the
  social services law for services provided by any  facility  licensed  by
  the  office  of  mental  health  pursuant  to article thirty-one of this
  chapter or certified by the office of  alcoholism  and  substance  abuse
  services   pursuant  to  this  chapter  to  provide  inpatient  chemical
  dependence services, as defined in section 1.03 of this  chapter,  shall
  be  at  rates  or  fees  certified by the commissioner of the respective
  office and approved by the director  of  the  division  of  the  budget,
  provided,  however,  the  commissioner  of  mental health shall annually
  certify such rates or fees which  may  vary  for  distinct  geographical
  areas  of  the  state  and,  provided,  further,  that rates or fees for
  service  for  inpatient  psychiatric  services  or  inpatient   chemical
  dependence services, at hospitals otherwise licensed pursuant to article
  twenty-eight of the public health law shall be established in accordance
  with  section  two thousand eight hundred seven of the public health law
  and, provided, further, that rates or fees for services provided by  any
  facility  or  program  licensed,  operated or approved by the office for
  people with  developmental  disabilities,  shall  be  certified  by  the
  commissioner of health; provided, however, that such methodologies shall
  be  subject  to  approval  by  the  office for people with developmental
  disabilities and shall take into account the policies and goals of  such
  office.
(b)  Operators  of  facilities licensed by the office of mental health
  pursuant to article thirty-one of this chapter, licensed by  the  office
  for  people  with developmental disabilities pursuant to article sixteen
  of this chapter or certified by the office of alcoholism  and  substance
  abuse  services  pursuant  to this chapter to provide inpatient chemical
  dependence services shall provide to the commissioner of the  respective
  office  such  financial,  statistical  and  program  information  as the
  commissioner may determine to be  necessary.  The  commissioner  of  the
  appropriate  office  shall  have  the power to conduct on-site audits of
  books and records of such facilities.
(c) The commissioner of the office of mental health, the  commissioner
  of  the  office  for  people  with  developmental  disabilities  and the
  commissioner of the office of alcoholism and  substance  abuse  services
  shall  adopt  rules and regulations to effectuate the provisions of this
  section. Such rules and regulations shall include, but  not  be  limited
  to, provisions relating to:
(i)  the  establishment  of  a uniform statewide system of reports and
  audits relating to the quality of care  provided,  facility  utilization
  and  costs  of  providing  services; such a uniform statewide system may
  provide for appropriate variation in the application of  the  system  to
  different  classes or subclasses of facilities licensed by the office of
  mental health pursuant to article thirty-one of this chapter or licensed
  or operated by the office for  people  with  developmental  disabilities
  pursuant  to article sixteen of this chapter, or certified by the office
  of alcoholism and substance abuse services pursuant to this  chapter  to
  provide inpatient chemical dependence services; and
(ii) methodologies used in the establishment of the schedules of rates
  or   fees   pursuant   to  this  section  provided,  however,  that  the
  commissioner of health  shall  adopt  rules  and  regulations  including
  methodologies  developed  by  him  or  her  for services provided by any
  facility or program licensed, operated or approved  by  the  office  for

  people  with  developmental  disabilities;  provided, however, that such
  rules and regulations shall be subject to the approval of the office for
  people with developmental disabilities and shall take into  account  the
  policies and goals of such office.